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Robles v. 53-63 Walton LLC - Labor Law Opinion
The New York Appellate Division modified a lower court's order in Robles v. 53-63 Walton LLC, granting plaintiff summary judgment on liability for his Labor Law § 240(1) claim. The court found the plaintiff established his case based on testimony regarding a faulty ladder.
Henriquez v City of New York - Appellate Division Decision
The Appellate Division of the Supreme Court of New York reversed a lower court's dismissal of a discrimination complaint against the City of New York. The court found the complaint was timely filed under the New York City Human Rights Law and reinstated the case for further consideration of the plaintiff's amendment request.
Lackenbauer v. 162 Fifth Ave. Assoc. LLC - Labor Law Opinion
The New York Appellate Division issued an opinion in Lackenbauer v. 162 Fifth Ave. Assoc. LLC, modifying a lower court's decision regarding Labor Law § 241(6) claims. The court partially denied summary judgment on liability for a claim premised on Industrial Code § 23-2.1(a)(1) and the dismissal of an affirmative defense.
Matter of J.S.G. - Termination of Parental Rights
The New York Appellate Division affirmed a Family Court order terminating the parental rights of respondent father based on abandonment. The court found clear and convincing evidence that the father had minimal contact and provided no financial support for the child during the relevant period.
Calle v. 686 Broadway Realty, LLC - Labor Law Opinion
The Appellate Division of the Supreme Court of New York affirmed a lower court's order granting partial summary judgment to the plaintiff in Calle v. 686 Broadway Realty, LLC. The court found the general contractor, Schimenti Construction Company, LLC, liable under Labor Law §§ 240(1) and 241(6) for injuries sustained by an employee due to an unsecured plank.
Galloway v. Arthur Clinton Hous. Dev. Fund Corp. - Personal Injury Appeal
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision denying a motion for summary judgment in a personal injury case. The case involves a trip and fall incident on a sidewalk where construction work was being performed.
People v. Jones - Sexually Violent Offender Adjudication
The New York Appellate Division affirmed a lower court's decision adjudicating Jefferey Jones a level three sexually violent offender. The court found an extremely high risk of recidivism based on his criminal history and the nature of his offenses.
Tilipman v. Korban - Arbitration Award Appeal
The New York Appellate Division affirmed a lower court's decision denying a petition to vacate an arbitration award. The court deemed the appeal from an amended order as an appeal from the final judgment, addressing the merits of the case.
Estrella v. 20 Bruckner, LLC - Court Decision
The Appellate Division of the Supreme Court of New York modified a lower court's order in Estrella v. 20 Bruckner, LLC. The court granted defendants' motion to vacate a prior order striking their answer and set the matter for a compliance conference to schedule outstanding discovery.
Cárdenas v. Walgreens - Court Opinion
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision denying a motion to dismiss a complaint filed by Jerel Cárdenas against Walgreens. The court found that the plaintiff's allegations stated a claim under the rescue doctrine, and the primary assumption of risk doctrine was a fact-specific inquiry better suited for summary judgment.
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